Complete Digest of the Decisions of the Supreme Court and District Courts of Appeal of the State of California: Corporate bonds to executive warrantsBancroft-Whitney, 1907 |
From inside the book
Results 1-5 of 100
Page 1239
... JURY FEES , § 37 . CLERK'S FEES , §§ 38 , 39 . REPORTER'S FEES , § 40 . RECEIVER'S FEES , § 41 . PUBLICATION OF ... Jury Fees . [ a ] When the case was set for trial , plaintiff waived a jury , and defendant stated that , while he did ...
... JURY FEES , § 37 . CLERK'S FEES , §§ 38 , 39 . REPORTER'S FEES , § 40 . RECEIVER'S FEES , § 41 . PUBLICATION OF ... Jury Fees . [ a ] When the case was set for trial , plaintiff waived a jury , and defendant stated that , while he did ...
Page 1359
... jury for it to con- sider whether in fact a crime has been com- mitted , or to determine the degree , where the offense consists of several degrees .- ( Cal . 1863 ) People v . Belencia , 21 Cal . 544 ; ( 1865 ) People v . King , 27 Cal ...
... jury for it to con- sider whether in fact a crime has been com- mitted , or to determine the degree , where the offense consists of several degrees .- ( Cal . 1863 ) People v . Belencia , 21 Cal . 544 ; ( 1865 ) People v . King , 27 Cal ...
Page 1367
... jury can be obtained , change should not be granted until all legal means to pro- cure jury have been exhausted in vain . - Peo- ple v . Powell , 87 Cal . 361 , 25 Pac . 481 . a [ o ] Penal Code , section 1033 , directs grant of a ...
... jury can be obtained , change should not be granted until all legal means to pro- cure jury have been exhausted in vain . - Peo- ple v . Powell , 87 Cal . 361 , 25 Pac . 481 . a [ o ] Penal Code , section 1033 , directs grant of a ...
Page 1369
... JURY WITHOUT VERDICT , § 50 . ACQUITTAL OR DISCHARGE , § 51 . CONVICTION , REVERSAL OR NEW TRIAL , § 52 IDENTITY OF OFFENSE , § 53 . Plea of former jeopardy or former acquittal . See post , § 71 . Degree of proof requisite to establish ...
... JURY WITHOUT VERDICT , § 50 . ACQUITTAL OR DISCHARGE , § 51 . CONVICTION , REVERSAL OR NEW TRIAL , § 52 IDENTITY OF OFFENSE , § 53 . Plea of former jeopardy or former acquittal . See post , § 71 . Degree of proof requisite to establish ...
Page 1371
... jury , and the county court then order that defendant be discharged from custody , the order is not a bar to another ... jury's neglect to consider the charge after investigation , are not a bar to a further prosecution for the same ...
... jury , and the county court then order that defendant be discharged from custody , the order is not a bar to another ... jury's neglect to consider the charge after investigation , are not a bar to a further prosecution for the same ...
Common terms and phrases
14 Cent accomplice accused action admissible affidavit alleged appeal AUTHORITIES Bank bill of exceptions board of supervisors certificate charge Civil Code Civil Procedure claim Code of Civil cols committed constitution contract conviction corporation corpus delicti costs counsel county treasurer court.-People covenant creditors crime criminal damages debt declarations defendant defendant's dence directors district attorney district court entitled error error.-People evidence fact fendant filed ground guilty held homicide indictment insanity instruction issue judge judgment jurisdiction jurors jury land larceny liability ment mortgage motion murder objection offense officers party payment Penal Code person plaintiff plea plead poration proceedings proof prosecution providing question reasonable doubt record refuse reversed San Francisco statement statute stockholders sufficient superior court supreme court testified testimony tion trial.-People ultra vires verdict witness Yuba County
Popular passages
Page 1282 - ... before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty years from the time of contracting the same.
Page 1222 - Whenever an appeal is perfected as provided in the preceding sections of this chapter, it stays all further proceedings in the court below upon the judgment or order appealed from...
Page 1506 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Page 1318 - The Chief Justice may convene the Court in bank at any time, and shall be the presiding Justice of the Court when so convened.
Page 1369 - No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.
Page 1440 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 1426 - A conviction cannot be had on the testimony of any accomplice, unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 1359 - But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 1439 - In order to justify the inference of legal guilt from circumstantial evidence the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of his guilt.
Page 1303 - It is a doctrine of law too long established to require a citation of authorities, that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court...